Resolution No. 74-28 RESOLUTION? NO. 7`/-.2 N
CITY OF TIGARD, ORZGOIT
A RESOLUTIO;I PETITIOMIiiG TIM BOARD OF CoUITTY C01'•iFiISSIO JERS AS THE
GOWERAING I30DY OF THE U1JIFIED SM-1:1RAGE AGB, CY TO Ii?•S3DIATELY FRO-
'VIDE INTERIM SEWAGE COLLECTIXJ A;?D TR>>A`.P,4!SUT FACILITIES A?1D
ALLOCLTION OF CONNECTION PERMITS TO SERVE LANDS IN T;?E TIGARD ,SPFA
THEREBY To RECOGi1IZ3 IN AIT EQUITA2,I,E DEGREE TIIF. RYGHT OF THE TIGARD
C07 MUNITY TO SHARE Ill THE BE ZFTTS PROVIDED BY PUBLIC FUNDS Oil AN
EQUAL BASIS UTITI1 OTHIR CO:i"cliIJTTTES IN THE UNIFLD SEl E^.AGE AGENCY
JURISDICTICIT.
. IEREAS, the City of Ti�-,ard is wholly within the boundaries
of the Unified Sewerage Agency District by action of its Council
pursuant to an election conduetcd in connection with the formation
of the Agency; and
?71iEItiihS, 'the City and the A�Zency by arsreement of September
8, 1970, defined the respective rtghts, duties and obliCatiions of
the contra.ctinm parties ,whereby the patrons of tLe City and of the
Agency, and taxpayers generally, have contributed proportionately
and materially to the financial stature of the A.ency; and
the Agency has proclaimed its intention and Is
un,lert akin- Ln'ro,-;r.a--., to provide interim sowa,le collection and
treatment capacity to other areas within the A?ency pendin- the
completion of the Durham plant; and
WHP.,HEAS, the C1.ty of "Ti-larc has repeatedly requested for
the __"ard communit;9 cornnarable anti equal consideration from t'nc
Agency in recognition of the •eedz of the Tigard area and the
contribution by Its people to the financial capability of the
Agency and such proposals have met with indifference on the part
of the Agency's a.dmini st ration: and
WHER,^PS, the proposals heretofore submitt_d by the City for
the be:ncfit of the Tigard community having; been reviewed by the
Agency's supervisory committee and by competent consultants were
d,:ermined to be feasible to meet the needs of the Ti^ard community
pending the coiopletian of the Du.rh,m plant and nevertheless no
reco;n:ition of the needs of the 111gard community has been exhibited
by the Agency and, by its _-overnin^ body:, and
WHIlTiiAS, the City in Its governor-ental capacity has a high
duty to its citizens, taxpayerz_ mad patrons of the AIericy to demand
and obtain eaual and comparable benefits during the interim period
to those bestowed by the Agency upon other areas and toward that
objective the City may have E�n obligation to urin,- lcr;al proceed-
ings to test the r:i<,ht of the Al�ency to continue its arbitrary
and discriminatory attitude;
NOW, TrIF.REFORE, RT'. IT 3ESO1:FED by the Council of the City
of Tigard:
j (1) That the Board of County Commissioners as thr ;;overn-
inrg body of the Unified Sewerage A._cncy is formally
requested to direct that the proposals heretofore made and on
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file with the A^eney nroposint_; i.nterim collection and treatment
facilities in equal or comr,arable nature to those heretofore
approved and now in process for the benefit of other communities
within the boundaries of the AZency pending the cor:..letion of the
Durham plant be i. mediatel;l acti.ve.teQ and construction pursuant
thereto be undertaken without delayfor the benefit of the Ti;-ard
arca.
(2) That the 3oard of County CO":amizsionez as tale ;-,overnin
body o£ tie A^ency immediately and r:uolicly deelare
the policies of the A cncy, if any, £ormin- the basis for the
Inequitable, arbitrary and di:;crim:.n.ntory failure to include in
the interim scaar;e collection and treatment construction program
any provis _on for the benefit of the 'iiL•a.rd comrcunity and in
particular that certain area lying; in the near vicinity and' southerly
of the existing T.detzgor treatment plant with respect to which
area the proposed interim facilities are adapta Lle and suitable
for inclusion in the permanent ;Curare collection network of the
Algency.
(3) 7nat the City .'•.crm'.niztrator be and he is hereby directed
to cause to have a copy of this Pesoi.ution delivered
forth;•ri.th to the County Administrator for the attention of the
Board of County Commiasioners,an:i the City Administrator be and
he is further authorized and directed to seek a d.ctermination of
the procedures and recourse available to the City should the
foregoing request be denied.
PASSED by the Council this_,
T, day of June, 1974.
ATTEST:
City /ecorcie Ctty � 'i
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